Two pieces of legislation change the horizon for Florida professionals

Jan. 23, 2013

Written by

Natalie Rankin

Contributing Writer

Present and future Florida employees were dealt a potentially challenging hand Jan. 17 as the Florida Supreme Court reversed a decision made in lower court that will require all members of the Florida Retirement System to put three percent of their pay into the retirement system.

Most of the state employees affected are teachers, which could affect current FSU professors or current students studying to go into the education employment field.

“In short, the decision means that FSU faculty (and faculty in all Florida public universities) will continue to pay a 3 percent contribution toward their retirement,” said Professor of Political Science and LeRoy Collins Eminent Scholar Carol S. Weissert. “The legal issues in the case involved the validity of a contract—an argument the Supreme Court didn’t buy.”

Weissert said the ruling is reasonable, but challenging for teachers in wake of budget cuts to higher education.

“In one sense, having employees pay toward their retirement is certainly reasonable,” Weissert said. “The problem is that this essentially means a 3 percent cut for faculty who have not seen many salary raises in recent years.”

The main argument for appeal was based on the constitutionality of the requirement based on two articles of the Florida Constitution—articles one and ten.

Article one, section six is based on the ability of public employees to collectively bargain. The main argument, however, came from section ten of the article, which stipulates that no law of Florida has the ability to impair “contractual obligations.”

Article six stipulates that except in the case for public use, private property cannot be taken and compensation must be granted.

The decision went 4-3 with Justices Ricky Polston, Barabara Pariente and Charles Canady concurring with Justice Jorge Labarga’s opinion for the majority.

Dissenting were Justices Fred Lewis, James Perry and Peggy Quince.

The Court stated that its intention was to allow the legislature to adapt and change the plans for the future for all members of the Florida Retirement System.

“We reverse the judgment of the trial court in which it held that the challenged amendments impair or abridge collective bargaining rights guaranteed to public employees by article I, section 6, of the Florida Constitution,” the Court stated.

Publically, the response from Gov. Rick Scott was one of congratulation, stating that it marked a great day in the eyes of Floridians.

“I commend the Supreme Court for their thoughtful and timely review and appreciate their upholding of the Legislature’s proper role in establishing pension policy and making budgetary decisions on behalf of the people who elect us,” the President of the Florida Senate Don Gaetz (R-Niceville) publicly stated. “The changes made to the Florida Retirement System reflect the Legislature’s efforts to maintain a sound retirement system for our hard-working state and local government employees as well as the reality that Florida taxpayers can no longer bear the full cost of this benefit.”

But there is good news for Florida teachers--on Wednesday, Jan. 23, Gov. Scott proposed budget recommendations to the Legislature that included a pay increase for teachers.

According to the Tallahassee Democrat, Scott said the $480 million plan would increase pay for all full-time teachers in Florida.